Arce v. Douglas, No. 13-15657 (9th Cir. 2015)
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The school board of Tucson developed the Mexican American Studies (MAS) program in Tucson public schools to provide a culturally relevant curriculum for students by incorporating historical and contemporary Mexican American contributions into coursework and classroom studies. Arizona state superintendents of education successfully sponsored and implemented legislation that did away with the program (A.R.S. 15-111 and 15-112). The statute prohibits a school district or charter school from including in its program of instruction any courses or classes that: (1) “Promote the overthrow of the United States government,” (2) “Promote resentment toward a race or class of people,” (3) “Are designed primarily for pupils of a particular ethnic group,” or (4) “Advocate ethnic solidarity instead of the treatment of pupils as individuals.” Plaintiffs filed suit challenging the constitutionality of the statutes. The court affirmed the district court’s rulings that A.R.S 15-112(A)(3) is unconstitutional in violation of the First Amendment but severable from the rest of the statute; that A.R.S. 15-112(A)(2) and (A)(4) are not overbroad in violation of the First Amendment; and that A.R.S. 15-112(A)(2) and (A)(4) are not vague in violation of the Due Process Clause. The court reversed the district court’s grant of summary judgment for defendants on plaintiffs’ equal protection claim where there are genuine issues of fact regarding whether the enactment and/or enforcement of A.R.S. 15-112 was motivated at
least in part by a discriminatory intent. The court remanded that claim for trial. Finally, the court remanded plaintiffs’ First Amendment viewpoint discrimination claim to the district court for further proceedings.
Court Description: Civil Rights. The panel affirmed in part and reversed in part the district court’s summary judgment, and remanded in an action challenging Arizona revised statutes §§ 15-111 and 15-112, which were sponsored and implemented by the Arizona state superintendent of education, and which eliminated the Mexican American Studies program in Tucson public schools. Pursuant to §§ 15-111 and 15-112, a school district or charter school is prohibited from including in its program of instruction any courses or classes that: (1) “Promote the overthrow of the United States government,” (2) “Promote resentment toward a race or class of people,” (3) “Are designed primarily for pupils of a particular ethnic group,” or (4) “Advocate ethnic solidarity instead of the treatment of pupils as individuals.” The parties did not dispute that the ARCE V. DOUGLAS 3 statute was enacted almost entirely with the Mexican American Studies program in mind, and that the program was the first and only ethnic studies program that has been found to be in violation of § 15-112. The panel affirmed the district court’s rulings that § 15- 112(A)(3) is unconstitutional in violation of the First Amendment but severable from the rest of the statute; that §§ 15-112(A)(2) and (A)(4) are not overbroad in violation of the First Amendment; and that §§ 15-112(A)(2) and (A)(4) are not vague in violation of the Due Process Clause. The panel reversed the district court’s grant of summary judgment for defendants on plaintiffs’ equal protection claim and remanded that claim for trial. The panel held that there were genuine issues of fact regarding whether the enactment and/or enforcement of § 15-112 was motivated at least in part by a discriminatory intent. Finally, the panel remanded plaintiffs’ First Amendment viewpoint discrimination claim to the district court for further proceedings in accordance with its opinion. Concurring in part and dissenting in part, Judge Clifton did not agree with the majority’s conclusion that the equal protection claim must be remanded for trial. Judge Clifton stated that the equal protection claim should be remanded for further proceedings, without precluding further consideration of summary judgment. 4 ARCE V. DOUGLAS
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